Firas Rabi, M.D. v. Iowa Board of Medicine
16-1730
| Iowa Ct. App. | Sep 27, 2017Background
- Dr. Firas Rabi, a pediatric physician, was accused in 2010 of sexually inappropriate conduct toward nursing staff while seeking a permanent position at the University of Iowa Hospitals; the hospital found a reasonable basis to believe its sexual-harassment policy was violated and did not renew his contract.
- Rabi self-reported the hospital action to the Iowa Board of Medicine, which opened an investigation and filed charges in 2014 for sexual harassment, unprofessional/unethical conduct, and practice harmful to the public.
- In February 2016 the Board found Rabi violated the sexual-harassment rule and the unprofessional/unethical conduct rule (but not the rule for practices harmful to the public), suspended his license indefinitely, and assessed a $10,000 civil penalty.
- Rabi sought judicial review in district court under Iowa Code chapter 17A; the district court affirmed the Board’s decision in September 2016.
- On appeal, Rabi argued the Board exceeded its authority by disciplining conduct directed at coworkers (not patients), that the evidence did not support harassment findings, and that discipline under the unprofessional-conduct statute was beyond the Board’s power.
- The Court of Appeals affirmed, holding the Board had authority to adopt and enforce the sexual-harassment rule and to discipline Rabi based on conduct that could threaten professional care even if no actual patient harm was proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board exceeded statutory authority by enforcing sexual-harassment rule protecting coworkers, not patients | Rabi: Board may only discipline to protect patients; rule 653-13.7(6) exceeds rulemaking power because it protects coworkers | Board: Statutes authorize defining grounds for discipline and permit rules addressing conduct that threatens professional care, not only actual patient harm | Court: Board had authority; rule protects integrity of healthcare delivery and may address conduct that potentially threatens care |
| Whether evidence supported finding Rabi violated sexual-harassment rule | Rabi: His conduct did not actually interfere with coworkers’ job performance | Board: Pattern of sexually predatory workplace conduct created discomfort and problematic relationships that could interfere with performance | Court: Record supported finding that Rabi’s conduct could threaten performance and patient care; affirmed violation |
| Whether Board exceeded authority disciplining for unethical/unprofessional conduct under section 148.6(2)(g) | Rabi: Section should be limited to acts denying citizens a high standard of care; application here was overbroad | Board: Statutory language and rule permit discipline for acts contrary to honesty/good morals or willful rule violations | Court: Affirmed district court—statute and rule support disciplining Rabi for unethical/unprofessional conduct |
| Preservation of vagueness challenge to 148.6(2)(g) | Rabi: Statute is vague and unenforceable (raised on appeal) | Board: Issue was not preserved for appeal | Court: Did not consider vagueness claim because it was not raised below and thus not preserved |
Key Cases Cited
- Boswell v. Iowa Bd. of Veterinary Med., 477 N.W.2d 366 (Iowa 1991) (appellate review corrects legal error in agency decisions)
- Young v. Gregg, 480 N.W.2d 75 (Iowa 1992) (issue cannot be asserted first in a reply brief)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (appellate courts generally will not decide issues not raised and decided below)